Bill 39 (Legislature 11, Session 5)

L11 S5 6836

Alberta — Bills

Bill No. 39 of 1952. A BILL TO AMEND THE TAX RECOVERY ACT. NOTE. This Bill amends The Tax Recovery Act, being

chapter 161 of the Revised Statutes of Alberta,

Section 7 is amended by the addition of a new subsection (4) which provides that the notice required to be sent to caveators and mortgagees by

section 7 need not be sent either to the Director of Town and Rural Planning where that official is a registered caveator under the provisions of The Town and Rural Planning Act, or to incumbrancees of the right-of-way of certain utilities. Under

section 7 in its present form. it is necessary to send a registered notice in Form A to all caveators and mortgagees who appear on the register. As the zoning caveats are carried forward on the new certificate of title even where the property is transferred to the taxing authority for non-payment of taxes, the work and expense necessitated by sending notices to the Director of Town and Rural Planning would appear to be unnecessary. Similarly mortgages and incumbrances on the right-of-way of certain utility companies are also carried forward, and as they are not affected by the tax recovery procedure there is no necessity to notify them.

Section 18 is amended by striking out subsection (4) and substituting two new subsections. The effect of the amend ment is to simplify the tax sale procedure in cities and towns in the case of lands on which no person is residing. In such cases the council can fix the price, time, manner, terms and conditions of sale by resolution. In the case where some person is residing on the land the present procedure is unchanged as the council is required to pro ceed by by-law and the by-law has no effect until it is a pproved by the Minister.

Section 22, subsection (4) is amended. This subsection provides that after a tax sale the purchaser obtains clear title to the property free from all incumbrances other than those mentioned in the subsection. The amendment adds one more incumbrance to the list of those that are not affected by a tax sale. A tax sale does not remove a regis tered easement.

Section 68, subsection (2a) of The Land Titles Act provides that where a utility company has a registered right-of-way an instrument purporting to mort gage or incumber that right-of-way may be registered also. Where the easement itself is not removed as a result of the tax sale a mortgage or incumbrance upon that easement should not be removed either and the effect of the amend ment is simply to make this clear.

ii A new

section 38 is added immediately after

section 37. Tax recovery procedures in the cities of Calgary, Edmonton and Medicine Hat were previously taken under The Tax Recovery Act, 1922, as modified or varied by special pro visions in the charters of the respective cities. As a result of the enactment of The City Act recovery procedure in these cities is now to be conducted in accordance with The Tax Recovery Act that is applicable to all other cities and municipalities in the Province. The change from the one procedure to another gives rise to certain procedural diffi culties. This new

section enables the Minister to make regulations or orders for the purpose of overcoming these difficulties during the transition period. This Bill comes into force on the 1st day of July, 1952. J. W. RYAN, Acting Legislative Counsel. (This note does not fonn any part of the Bill but is offered in eJ.~planation of its provisions.) ..

BILL No. 39 of 1952.

An Act to amend The Tax Recovery Act. (Assented to , 1952.) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Tax Recovery Act, being

chapter 161 of the Revised Statutes of Alberta, 1942, is hereby amended. 2. ,Section 7 is amended by adding immediately after

Section 7 subsection (3) the following new subsections: amended "

(4) Notwithstanding subsection (1), the Registrar of the Land Titles Office shall not be required to send a notice in Form A,- "(

a) to the Director of Town and Rural Planning in any case where a caveat has been filed under The T01.vn and Rural Planning Act; or " (

b) to an assignee, mortgagee, or incumbrancee who has registered an instrument under

section 68, sub

section (2a) of The Land Titles Act.".

Section 18 is amended by striking out subsection (4) Seetion 18 and by substituting the following: amended "( 4) In the case of a parcel upon which no person is residing or which is not in the actual occupation of some person, the council of a city or town, by resolution, may prescribe as to the price, time, manner, terms and condi tions of the sale. "(4a) In the case of a parcel upon which a person is residing or which is in the actual occupation of some person, the council of a city or town, by by-law, may pre scribe as to the price, time, manner, terms and conditions of the sale but no such by-law shall have any force or effect until it is approved in writing by the Minister.".

Section 22 subsection (4) is amended by adding im-

Section 22 .' . amended medIately after the words "regIstered easements," the words "and instruments registered pursuant to

section 68, subsection (2a) of The Land Titles Act,". 5. The following new

section is added immediately after Ner 38

section 37: sec IOn "38.

(1) With respect to the cities of Calgary, Edmonton Continuation and Medicine Hat all proceedings taken or which may ~~oceedingS

Hegulations Coming into force 2 require to be taken under The Tax Recovery Act, 1922, or under that Act as modified or varied by any special pro visions of the charters of the respective cities, shall be continued or taken, as the case may be, under the provisions of this Act substituted for the provisions of The Tax Recovery Act, 1922, and the said charters as far as possible. "

(2) The Minister m.ay make regulations or issue orders for the purpose of overcoming the procedural or other difficulties occasioned by the differences between this Act and The Tax Recovery Act, 1922, and the charters of the respective cities and all such regulations and orders shall have the same effect as if they had been enacted by this Act.". 6. This A,ct shall come into force on the first day of July, 1952.

No. 39. FIFTH SESSION ELEVENTH LEGISLATURE 1 Elizabeth II 1952 BILL

An Act to amend The Tax Recovery Act. Received and read the First time ............. . Second time .... Third time .... HON. MR. GERHART. Title: 1952 (11th, 5th) Bill 39,

An Act to amend The Tax Recovery Act

Document details

Collection	Alberta — Bills
Citation	L11 S5 6836
Type	bill
Volume / chapter	L11 S5 6836
Language	en
Format	json
Source	PROVINCIAL
Identifier	dbb875fa754cbe10b6b1e9c1c3a156e547a5ea5b

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